ASHWANI KUMAR SINGH,J. - (1.) This application under section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 14.02.2013 passed by the learned Chief Judicial Magistrate, Bhabhua in Complaint Case No. 1300(c) of 2012 by which process has been issued against the petitioner for facing trial for the offences punishable under Section 138 of the Negotiable Instruments Act (for short' N.I. Act') and Sections 406 and 420 of the Indian Penal Code (for short 'I.P.C.').
(2.) In the complaint, the complainant has stated that he is he is running a Hotel namely, Anamika at Kudra on G.T. Road and he also used to lend heavy machine like, J.C.B., Dumfer, Hydrolic tractor and Tanker etc. on rent. He has stated that he has house at Lanka in Varanasi and the house of witness Pawan Kumar Singh is near his house, who used to come to house along with accused-petitioner Mahesh Kumar Dubey. In the month of November, 2011, the petitioner along with Pawan Kumar Singh came to his hotel at G.T. Road, Kudra and asked him to give J.C.B. machine on rent at the rate of Rs. 90,000/-. The petitioner accused kept the said J.C.B. machine for about eight months and did his work with assurance to give the money at one instance and accordingly, he kept the said J.C.B. machine for about eight months on rent and on being asked he gave him cheque of State Bank of India worth Rs. 5 lacs being cheque no.050939 dated 23.07.2012 and Rs. 1,50,000/- being Cheque No.050938 dated 23.07.2012 and a Cheque of Rs. 50,000/- vide Cheque No.050937 dated 05.08.2012 at Kudra. He deposited the said cheque in Punjab Nation Bank, Kudra. However, on 28.08.2012 the bank intimated him that the payment was stopped by the drawer.
(3.) On the basis of the aforesaid allegation, the complainant alleged that the cheques of 7 lacs which was given in lieu of due amount were dishonoured and thus, the accused had committed breach of trust and cheating. The complainant has alleged that he requested the accused to pay back his money, but since no heed was paid to his request, finally a legal notice was sent to him on 12.11.2012 and finally a complaint was filed on 27.11.2012.;